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MULVANEY LAW OFFICES, PLLC 14205 SE 36th St. Ste. 100 Bellevue, WA 98006-1553

4259986352

Christopher S. Mulvaney       Washington State Attorney and Counselor-at-Law

Christopher S. Mulvaney Washington State Attorney and Counselor-at-Law

Professionalism with Integrity – Meet & Sign in Zoom via DocuSign – Remote Online Notarization

chris@attorneymulvaney.com
  • I. ESTATE ADMINISTRATION
    • I.II DEEDS FUNDING TRUSTS
      • QUITCLAIM DEEDS
        • NO CONTEST CLAUSE
          • MARRIED SEPARATE TRUSTS REQUIRE SPOUSE’S CONSENT TO AMEND & RESTATE
            • CERTIFICATE OF TRUST
              • PROTECTOR OF THE TRUST
    • I.III TRUST FUNDING AFTER DEATH
      • TRANSFER ON DEATH DEEDS
        • DO NOT NAME THE ESTATE AS A BENEFICIARY
          • DON’T CASH OUT ALL AT ONCE – TAKE 10 YEARS
            • GIFTS TO X-SPOUSE ARE VOID
    • I.IV BENEFICIARY DESIGNATIONS
      • NAME SPOUSE AS PRIMARY BENEFICIARY
        • SPOUSAL CONSENT FORM
          • CHILDREN OR TRUST CONTINGENT BENEFICIARY
            • DISINHERITANCE OF ADULT CHILDREN BY WILL (NOT MINOR CHILDREN)
              • DO NOT LEAVE BENEFICIARY DESIGNATIONS BLANK
    • I.V TRUST ACCOUNTS
      • TRUST CHECKING ACCOUNT
        • SAVINGS
          • MONEY MARKET
            • PAYABLE ON DEATH (POD)
    • I.VI ASSIGNMENT
      • SENTIMENTAL PROPERTY
        • CREDITOR CLAIMS PERIOD
          • AFFIDAVIT OF SMALL ESTATE
            • POWER OF APPOINTMENT
              • FOREIGN GIFTS
    • I.VII AUTOMOBILES
      • R.V.’S
        • MOTORCYCLES
          • BOATS
            • HOUSE CONTENTS
              • SAFE DEPOSIT BOXES
    • I.VIII INVENTORY
      • PAY TAXES
        • PAY CREDITORS
          • KEEP TRUST DOCUMENT SAFE
            • REST, RESIDUE & REMAINDER
              • DOMESTIC TRUST
    • I.IX LETTER OF INSTRUCTION
      • FOLLOW TRUST PROVIONS IN PROBATE
        • AGE LIMIT WHEN GIFTS ARE FREE OF TRUST
          • TRUSTEE COMPENSATION
            • AMENDMENT & RESTATEMENT
              • REVOCATION
    • I.X TRUST MECHANICS
      • TRUST TAXPAYER ID IS YOUR SSN
        • SPENDTHRIFT CLAUSE
          • SEPARATE PROPERY WHEN MARRIED REQUIRES WRITING AND SPOUSE’S AGREEMENT
            • U.S. TRUST SHOULD ONLY CONTAIN U.S. PROPERTY
              • DOCTRINE OF MERGER
  • II. ESTATE PLANNING
    • II.I DEATH
      • DEATH CERTIFICATE
        • AVOIDING PROBATE
          • SAFE DEPOSIT BOXES
    • II.II REVOCABLE LIVING TRUSTS
      • TRUSTS FOR YOUNG PEOPLE
      • TRUSTS FOR WIDOWS & WIDOWERS
    • II.III POWERS OF ATTORNEY
      • FINANCE POWER OF ATTORNEY
        • HEALTH POWER OF ATTORNEY
    • II.IV LIVING WILLS
      • ADVANCE DIRECTIVES
        • CARE PLAN REGISTRY
    • II.V LAST WILLS & TESTAMENT
      • WILLS – PAPER
        • WILLS – ELECTRONIC
          • WILL REPOSITORY
    • II.VI IRREVOCABLE TRUSTS
      • CHARITABLE REMAINDER TRUST
      • NON-GRANTOR ASSET PROTECTION TRUST
      • GRANTOR ASSET PROTECTION TRUST
    • II.VII ILIT
    • II.VIII FAMILY LLC
  • III. REAL ESTATE
    • III.I BUYING A HOME
      • SELLING A HOME
    • III.II PROMISSORY NOTE
      • DEED OF TRUST
    • III.III FORECLOSURE
      • TAX LIENS
    • III.IV LLC’S
      • QUITCLAIM DEED (QCD)
        • LLC CHECKING ACCOUNT
          • OPERATING AGREEMENT
    • III.V CLEAR TITLE
    • III.VI JOINT TENANCY WITH RIGHT OF SURVIVORSHIP (JTWROS)
    • III.VII TENANTS IN COMMON
    • III.VIII EQUITY
      • JUDGMENTS
    • III.IX MULTIPLE OWNERS
    • III.X UNMARRIED COUPLE HOMEOWNERS
  • IV. FAMILY LAW
    • IV.I AGREED DIVORCE BY MAIL
      • LEGAL SEPARATION
    • IV.II UNCONTESTED ADOPTION
      • ADULT ADOPTION
    • IV.III PRENUPTIAL AGREEMENTS
      • POSTNUPTIAL AGREEMENTS
    • IV.IV COHABITATION
      • ESTATE PLANNING FOR YOUNG PEOPLE
    • IV.V NAME CHANGE
      • MINOR NAME CHANGE
    • IV.VI FAMILY COURT
      • NO LITIGATED DIVORCE – DIVORCE BY MAIL
        • CHILDRN’S BEST INTEREST
    • IV.VII CHILD SUPPORT
      • CHILD CUSTODY
        • SPOUSAL SUPPORT
    • IV.VIII ASSET DISCLOSURE
      • MUTUAL LIFETIME DUTY OF SUPPORT
    • IV.IX PROPERTY DIVISION
      • DEBT DIVISION
        • DIVORCE & BANKRUPTCY
    • IV.X NO FAULT
  • V. BANKRUPTCY
    • V.I CHAPTER 7 BANKRUPTCY
      • BANKRUPTCY EXEMPTIONS
        • BK DATA
    • V.II DEBT
      • CREDIT BUREAU DISPUTES
    • V.III GARNISHMENT
      • INCOME BASED STUDENT LOAN REPAYMENT
    • V.IV CHAPTER 13 BANKRUTPCY
      • LIEN STRIPPING
        • CRAM DOWN
          • CHAPTER 20
    • V.V FREE CREDIT REPORT
      • DEBT SETTLEMENT
        • LIENS & COLLATERAL
    • V.VI CREDIT COUNSELING
      • DEBTOR EDUCATION
    • V.VII HONESTY
      • FRAUD
    • V.VIII TAX DEBT
      • STUDENT LOANS
    • V.IX 341 MEETINGS
      • PREVIOUS FILINGS
    • V.X MEANS TEST
    • V.XI CREDIT FREEZE
      • DO NOT CALL REGISTRY
        • BLOCK SSN
    • V.X.II FDCPA
      • DEBT COLLECTION
  • VI. TAX
    • VI.I WA ESTATE TAX
      • WA CAPITAL GAINS
        • NO WA GIFT TAX
    • VI.II PROPERTY TAX APPEALS
      • WA EXCISE TAX
        • WA SALES TAX
    • VI.III FEDERAL ESTATE TAX
      • FEDERAL GIFT TAX
        • FEDERAL CAPITAL GAINS
    • VI.IV TRUST TAXATION
      • IRS FORM 1041
        • IRS SECTION 645
    • VI.V COST BASIS
      • FINAL 1040 TAX RETURN
        • STEP UP TO DATE OF DEATH VALUE
    • VI.VI CREDIT SHELTER TRUSTS
      • TRIPLE WA ESTATE TAX EXEMPTION
        • TAXES: ESTATE V. CAPITAL GAINS
    • VI.VII SURVIVING SPOUSE BENEFIT
      • QDRO
        • DIVORCE TAX ISSUES
    • VI.VIII BENEFICIARY TAXES
      • BK TAX ISSUES
        • REAL ESTATE TAX ISSUES
    • VI.IX CHARITY
      • IMPUTED INCOME
        • TAX DEDUCTIONS
    • VI.X CHARITABLE REMAINDER TRUST
      • FAMILY LLC
        • GIFTING DURING LIFE
  • VII. MLO, PLLC
    • VII.I ABOUT CSM
      • MLO LOCATION
        • SUGGESTION BOX
    • VII.II MY PHILOSOPHY
      • PRO BONO PUBLICO
        • CLIENT RIGHTS
    • VII.III SCAMS
      • DEBT SCAMS & ID THEFT
        • DEATH RELATED SCAMS
    • VII.IV BAR ASSOCIATIONS
      • WSBA
        • KING COUNTY BAR ASSOCIATION (KCBA)
    • VII.V ORGANIZATIONS
      • AMERICAN CIVIL LIBERTIES UNION (ACLU)
        • SOUTHERN POVERTY LAW CENTER (SPLC)
    • VII.VI LOW INCOME HELP
      • COLUMBIA LEGAL SERVICES (CLS)
        • NORTHWEST JUSTICE PROJECT
    • VII.VII INFORMATION
      • GOOGLE SCHOLAR
        • FASTCASE
    • VII.VIII COURTS
      • SCOTUS
      • 9TH CIRCUIT
      • BK COURT
      • WA SUPREME COURT
      • WA APPEALS COURTS
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LIEN STRIPPING


Christopher S. Mulvaney,

Attorney and Counselor-at-Law


THIS WEBSITE INCLUDES GENERAL INFORMATION & THE OPINIONS OF CHRISTOPHER S. MULVANEY. IT IS INTENDED TO STIMULATE A BASIS FOR QUESTIONS RELATED TO YOUR PARTICULAR FACTUAL CIRCUMSTANCES — BEFORE YOU ACT.  THIS WEBSITE DOES NOT CONSTITUTE LEGAL ADVICE. IF YOU WANT LEGAL ADVICE, PLEASE MAKE A ZOOM APPOINTMENT TO SPEAK WITH ME.

CONTACT CHRISTOPHER S. MULVANEY FORM

    DISCLAIMER:

    The use of email or this form for communication with MULVANEY LAW OFFICE, PLLC does not establish an Attorney-Client Relationship. If you don’t think I have responded, please check your spam folder. Time-sensitive information should not be sent through this Form or through email. Sensitive information can be uploaded to an encrypted Dropbox folder in your client file. Google Review Link Yelp Review Link


    Gonzaga University School of Law – Spokane, Washington – Class of 2002 – Cum Laude The Latin phrase “Deo patriae, scientiis, artibus” translates to “For God and country through sciences and arts”.  The initials A.M.D.G. on the seal of Gonzaga Law School stand for Ad Majorem Dei Gloriam, which is Latin for “For the Greater Glory of God” the Motto of the Society of Jesus (Jesuits): a Catholic religious order founded by St. Ignatius of Loyola.

    _________________________


    LIEN STRIPPING:  AVAILABLE IN CHAPTER 13, BUT NOT CHAPTER 7
    Liens typically are unaffected by the bankruptcy discharge, and remain burdens on real property after the debtor no longer has any personal liability for the debt.  However, lien stripping, which is an adversary proceeding (a federal lawsuit within your federal bankruptcy case) to obtain an order avoiding the lien is possible in Chapter 13, but only if you complete the plan.  Even if you win the adversary proceeding, the lien will be reinstated if your case is dismissed and you don’t obtain a discharge.

    Strict requirements must be met.  You must have an appraisal showing the value of your home is less than the balance on the 1st mortgage. Use http://www.zillow.com/ for an initial estimate of the value of your home.  If the value is even one dollar more, then lien stripping (of the 2nd lien) is unavailable.  Since appraised values are typically a range, contested issues regarding value may result making the process uneconomical.  However, for a certain group of homeowners who have suffered precipitous drops in their home value, this can allow building of home equity.

    If you are not eligible for lien stripping, but are seriously under water on your home, you may have what amounts to a disposable rental house for which you may get some tax advantage, but will never build equity.  For example, if your house is worth $300K, but you owe $400K on the 1st mortgage and $100K on the 2nd, then it does not make sense to keep making the payment on the 2nd after your discharge.  The lender won’t foreclose as long as you are current on the payments on the 1st mortgage because the foreclosure sale price will be less than $300K and the lender will get nothing from the sale and is barred by the discharge from suing you.  The lien remains on the property like a cancer eating away any hope of ever building equity.  You have no incentive to do maintenance on the house let alone improve it.  When you are ready to move, you simply default on the 1st mortgage, and let the lender foreclose.  You live for free until they do, and can’t be sued for any deficiency.  This is a public policy misalignment that needs to be addressed by the Washington Legislature because these unmarketable homes in which debtors are required to make principal payments that they will never see again, are unmaintained foreclosures waiting to happen damaging economic recovery and impairing the fresh start of debtors.  Below is a link to an amortization schedule calculator which will show the amount of your required principal payments on your mortgage by year.
     http://www.myamortizationchart.com/


    ____________________________________________________________________________________

    Christopher S. Mulvaney’s Mission:
    To Always Be a Human Being First, and My Role Second. To First, Do No Harm, then to provide the best legal outcome, smoothest process, best value, and to make a positive difference in the life of every client.

    Christopher S. Mulvaney’s Mantra:
    May I be filled with loving kindness for all life. May I be safe from dangers within and without. May I be healthy in body, mind, socially, and spiritually. May I be at ease and happy, doing good in the world.

    May You be filled with loving kindness for all life. May You be safe from dangers within and without. May You be healthy in body, mind, socially, and spiritually. May You be at ease and happy, doing good in the world.

    I am an experienced solo estate planning, debtor bankruptcy, and real estate attorney. At my law firm in Bellevue, Washington between Eastgate and Factoria, I do things a little differently. I am passionate about helping people take control of their lives.

    One of my primary practice areas is urgent (bankruptcy), and the other is important, but not urgent (estate planning). Not letting the urgent crowd out the important is key.  I have made a choice to include the positive difference I make in the life of each client in how I calculate profit. This means I have higher job satisfaction, and happy clients who confidently give referrals.

    My goal is that my work is transformative for people during a challenging time in their lives. At Mulvaney Law Offices, PLLC (MLO), you will not find a gatekeeper. There are no forgotten cases hiding on an associate’s cluttered desk.  It’s just me, working with each one of my clients one-on-one to resolve their legal concerns as favorably as possible.

    As your lawyer, I will personally handle every aspect of your case.  My office is not a factory churning out thousands of filings per year, where each case matters little.  You, and your case, matter to me. You can see what clients have said about me, and leave your own reviews at these links.

    Mulvaney Law Offices, PLLC is located in Bellevue, Washington, representing estate planning & chapter 7 and chapter 13 bankruptcy, clients in all 39 Washington Counties.


    Washington State residents can meet with me in Zoom/DocuSign from anywhere in the world, and I can notarize their electronic signatures because I am a remote online notary.  Just email me an image of your photo ID.




    So Sue Me hot sauce bottle label.

    Categories

    • Bankruptcy
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